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March 9, 2009

Council and Contractor fined almost £29,000 for exposing staff to asbestos

The Health and Safety Executive (HSE) has released news of some major fines being awarded for contractors and employees being exposed to asbestos. The press release is reproduced in full below:

The Health and Safety Executive (HSE) today warned property owners to ensure that they keep accurate records of asbestos in their buildings and pass any information on to contractors.

The warning follows a serious incident in which contracted workers as well as council employees were exposed to airborne asbestos fibres during minor refurbishment work at Castlebrae High School, Edinburgh in July 2007.

The City of Edinburgh Council was fined £17,600 after pleading guilty to charges under sections 2(1) and 3(1) of the Health and Safety at Work etc Act 1974 and regulation 4(9) of the Control of Asbestos Regulations 2006.

The contractor Dalkeith Demolition Ltd was fined £11,333 after pleading guilty to charges under section 2(1) of the Health and Safety at Work etc Act 1974 and regulation 8(1) of the Control of Asbestos Regulations 2006.

The City of Edinburgh Council contracted Dalkeith Demolition Ltd to remove asbestos-containing material disturbed by another contractor undertaking refurbishment work at the school. Dalkeith Demolition Ltd were not licensed by HSE to do such work nor were they competent to do the work. Their workers had not been trained so did not take established control measures to minimise the exposure to themselves as well as to other people in the vicinity.

HSE Principal inspector Jim Skilling commented after the case:

“The City of Edinburgh Council failed to keep an understandable register of asbestos and failed to ensure that a full survey for asbestos was carried out prior to any work starting so the information available was not sufficient to alert persons to the immediate danger from the asbestos.

“In view of the Council’s previous experience of managing asbestos, this was a very disappointing incident. Over 4,000 people are dying every year in Great Britain due to the unrecognised exposure to asbestos earlier in their working lives. Legislation came into force in May 2004 which requires the organisation in control of any non domestic premises to identify and assess asbestos in those premises.

“The Council initially failed to identify that asbestos was present and then when it was established that asbestos had been disturbed, they did not ensure that a competent, licensed contractor undertook the work in a satisfactory manner.”

In October 2008 HSE ran a campaign “Asbestos – the hidden killer” which highlighted the fact that 20 tradesmen are dying every week from asbestos related diseases. The purpose of the campaign was to increase the awareness amongst tradesmen, like those involved in this incident, and their employers of the risks from exposure to asbestos.

The original press release can be downloaded from the HSE website

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